Changes in law aren’t needed to
immediately rid a school system of
underperforming faculty
The Myth
“Teachers earn tenure – a lifetime
guarantee of employment – after just
three years of satisfactory
evaluations.”
Terminology is Important –
Florida Does Not Have “Tenure” in K-12
Only in Hillsborough, Volusia and Duval Counties may teachersearn “tenure” pursuant to special acts of the Legislature
“Tenure” is a statutorily created permanent status which may not
be removed except in accordance with the statute
In 1982, “tenure,” which existed in the form of never-ending
continuing contracts, was abolished for public school teachers in Florida (Chapter 82-242, Laws of Florida)
All other public school teachers serve pursuant to professional
service contracts which must be annually reviewed and are subject to annual non-renewal decisions (Section 1012.33, Florida
The Current Legal Requirements
Read the Law – Disregard the Myth
During the first 3 years of probationary employment (which a
School Board may extend to 4 years):
A teacher may be terminated for any reason or no reason during the
first 97 days (half year) of the first year
[Section 1012.33(3)(a)4, Florida Statutes]
At the end of each of the probationary years, a teacher may be
terminated for any reason or no reason
[Section 1012.33(3)(a)2, Florida Statutes, requiring 3 years of probationary
contracts (which may be extended by a School Board to 4 years)]
There is no process available to a teacher under Florida law to contest
such action [Lake County Education Association v. School Board of Lake County, 360 So. 2d 1280, 1285 (Fla. 2nd DCA, 1978)]
Current Law Allows for Immediate
Removal of an Incompetent Teacher
Read the Law – Disregard the Myth
An incompetent teacher may be immediately removed
from the classroom
Section 1012.33(6)(a), Florida Statutes [provides that
a teacher “may be suspended or dismissed at any time”
(emphasis added) for “just cause,” defined in Section
1012.33(1)(a), Florida Statutes, to include
The Statutory Dismissal Process Can Be Swift
Read the Law – Disregard the Myth
The current legal process to remove an incompetent teacher
[Section 1012.33(6)(a), Florida Statutes] is not complex and provides that:
Any teacher may be immediately, summarily removed from the
classroom and suspended by the School Board without pay
Written notice must be provided to the teacher listing the reasons for
the action taken for removal from the classroom and termination (tell them why they are being fired)
The teacher has 15 days to contest the reasons which are provided If requested within the 15 day period, the teacher is entitled to a
hearing before the School Board or an administrative law judge (at the School Board’s choice) within 60 days (during which time the teacher remains suspended without pay and out of the classroom) to
Student Performance is the Measure
Read the Law – Disregard the Myth
In firing a teacher, student performance is the key criteria:
The assessment procedure for instructional personnel must beprimarily based on the performance of students [Section 1012.34(3), Florida Statutes]
Annual assessments “must primarily use data and indicators of
improvement in student performance assessed annually” [Section 1012.34(3)(a), Florida Statutes]
Elimination of the requirement for cause to dismiss will not
improve education – it will simply allow administrators to
shirk their responsibilities to assess performance and to
instead “play favorites” in retaining staff
Current Law Requires Addressing
Marginal Teacher Performance
Current law [Section 1012.33(3)(e) and (f), Florida Statutes]requires remediation of a teacher who has minor performance problems which do not elevate to the level of incompetence
If a performance evaluation identifies weaknesses, the
Superintendent of Schools is required to take action:
Notify the teacher of the performance deficiencies
Provide assistance to remediate the identified performance
deficiencies during the next school term
Teachers Must Be Assessed Annually
Current law describes the assessment procedures which must
be followed:
An assessment must be completed at least once each year
[Section 1012.34(3)(a), Florida Statutes]
If an employee is not performing satisfactorily, the evaluator
must:
Meet with the employee to discuss deficiencies and provide assistance Place employee on probationary status for 90 days
If performance is not improved, the Superintendent can recommend
termination of the teacher to the School Board
Why the Myth Persists
The cry for “tenure reform” emanates from groups
complaining about laws which don’t permit the quick and
relatively simple process of firing a nonperforming teacher –
not a problem under Florida law
Principals don’t like to fire teachers
If there is an incompetent teacher in a classroom, however,
there is then an incompetent administrator in charge of the school
Administrators have been reduced in number and tasked with
more work
They don’t have the time to effectively evaluate or assist
